ALDF v. Provimi Veal Corp. case brief summary

ALDF of Boston
is bringing a suit against Provimi Veal Corp. of Wisconsin (buys cows
raised by others in MA and slaughters and sells them). Removed to
federal court b/c of diversity jurisdiction.

Procedure

Issue

Whether It is
unfair to deny consumers information that they may find useful when
purchasing their food. Bringing these claims under MA consumer
protection statute.

Facts

Provimi is not
providing warning labels on its product that the cows are treated with
antibiotics and as well as the manner in which they are raised.

How are the calves raised:

○ Limited to standing up/sitting down, in crates

○ Deprived iron in their diet

Analysis

Preemption:

In this case,
law does not say it is preempted, but if you look at the FDCA and FMIA
the federal law is intending to occupy entire field of law

Failure to state a claim:

Private
organization does not have the authority to bring a claim of animal
cruelty, this is the power of the state's enforcement. State has to
delegate that authority.

ALDF agrees
that they can't enforce it, but as consumers, they have a right to know
how the calves are raised and Provimi has a duty to tell them how you
raise your calves. This is a consumer protection issue.

Result

Judgment on the pleadings granted on both claims.

Side note:

Provimi filed for motion of judgment on the pleadings

○ Claims § ALDF has failed to state a cause of action § Federal law preempts state law □ Preemption has to do with the Supremacy Clause of the Constitution □ Constitution shall be the supreme law of the land □ Only if there is an intent to preempt it - if they are intended to occupy an entire field of law

Ways you might have preemption: 1. Says in the statute 2. Comprehensive scheme/plan (looks like they intended to occupy an entire field of law) 3. Fed and state scheme are in conflict

Did ALDF lose?

They did not
get the labels on the beef, but do we really believe that they are 1)
eating beef and 2) that they didn't know how the calves were raised?

What was their real objective?

They wanted to bring this issue (the manner in which calves are raised) to the light.

Court calls it cruel, they lose legally, but maybe they really won.

Is this appropriate to bring lawsuits for political reasons?

If you can't get it done with legislation, why shouldn't you get to use the court system. Brown v. Board of Education

The purpose of the court system is not to make new laws, that is the purpose of the legislation.

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